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(영문) 서울중앙지방법원 2016.08.17 2016가단5052190
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) Appendix 19,800,000 and from June 1, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

On February 27, 2006, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the terms of lease deposit KRW 50,00,000, monthly rent KRW 4,620,00 (including value-added tax, and payment after the last day of each month), monthly management expenses of KRW 330,00 (including value-added tax) and the lease term from August 20, 2013 to August 19, 2015 (24 months).

B. However, the Defendant delayed the payment of rent and management expenses for more than two years from June 2015.

Accordingly, on October 12, 2015, the Plaintiff notified that the lease contract will be terminated on the grounds of rent delay on October 23, 2015 and February 17, 2016.

C. Since then, the Defendant paid 24,750,00 won (=4,620,000 won x 330,000 won) equivalent to the portion of five months out of the rent and management expenses in arrears on April 8, 2016 x 5 months x the rent and management expenses accrued until May 31, 2016 x 19,80,000 won [4,620,000 won x 330,000 won)].

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 1 (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease was terminated by the Plaintiff’s declaration of legitimate termination on the ground of the Defendant’s delinquency in rent.

As such, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay or return the rent, management fee, or equivalent unjust enrichment calculated by the ratio of KRW 4,950,00 per month from June 1, 2016 to the completion date of delivery of the instant building (= KRW 4,620,000).

3. The plaintiff's claim is reasonable and acceptable.

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